SATISH KUMAR SHARMA Vs. STATE OF H.P.
LAWS(HPH)-2020-7-28
HIGH COURT OF HIMACHAL PRADESH
Decided on July 15,2020

SATISH KUMAR SHARMA Appellant
VERSUS
STATE OF H.P. Respondents


Referred Judgements :-

LAXMIKANT VS. SATYAWAN [REFERRED TO]
RAJASTHAN HOUSING BOARD VS. G S INVESTMENTS [REFERRED TO]
U.P. AVAS EVAM VS. OM PRAKASH SHARMA [REFERRED TO]


JUDGEMENT

Sureshwar Thakur, J. - (1.)The respondents issued, the, apposite tender notice, in, a news paper, and, therethrough they invited quotations, from, the prospective bidders, vis-a-vis, the works, as, mentioned in the tender notice.
(2.)The writ petitioner participated in the relevant process(s), and, after its technical and financial bids, hence, becoming accepted by the respondents concerned, the respondents declined to award works to it, rather, the respondents issued Annexure P-5, wherethrough they cancelled, the, apposite tender notice. Moreover, the respondents also issued Annexure P-8, wherethrough, the, bid made, by, the petitioner became annulled. Consequently, the writ petitioner being aggrieved therefrom, has sought annulment of impugned Annexures P-4 to P-8. The petitioner also prays for issuance, of, a mandamus against the respondents, for, the works, qua wherewith, it made offers, hence becoming awarded, vis-A-vis, it.
(3.)The respondents concerned mete a reply, to, the writ petition, and, therein they contend that the afore cancellation of the petitioner's bid, as made, by it, for the advertised work, does with square aplomb, hence, fall within the powers reserved in clause 28.1, of, the bid document, vis-a-vis the respondent, clause whereof stands reproduced hereinafter:-
"28.1 Notwithstanding Clause 27 above, employer reserves the right to accept or reject any bid and to cancel the bidding process and reject all biddings at any time prior to award of contract, without thereby incurring any liability to the affected bidder or bidders or any obligation to inform the affected bidder or bidders of the ground for the employer's action."

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